Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-03
EVIDENCE ALL In.
THE JURY AT LAST IN POSSESSION OF THE
TESTIMONY.
The Arguments Of Counsel To Commence To-Day,
Nine Hours Beng Allowed 70 Either
Sie-What Was Done IN
Court Yesterday.

StAlt lVsViNil
The Judge, jury and attorneys of the
murder trial appeared thoroughly worn
out yesterday morning. The Court has
held continuously since the first juror was
examined, the case has been pushed as
rapidly as possible, and yet the taking OF
testimony alone lasted for over two weeks.
There is general feeling of relief, though
not unmingled with anxiety, as the end ap-
proaches. As one of the attorneys ex-
pressed it, "one more lunge and we are
through" "
The proceedings yesterday were, long
drawn out and tiresOme, several witnesses
being objected on account of irrelevant tes-
timony. Much time was consumed in this
way and by the haggllng OF the attorneys
without making any progress in the case,
The feature of the day was the read
ing OF the letters written to the prisoner by
his wife. They were introduced TO show
the state of feeling existing between them,
and on her part, at least, they show pure
and devoted affection which none would
dare gainsay. While Col. Moore was read
ing them 10 the jury Baker bowed his head
in his hands and never for a moment looked
up.
SAMUEL RAISTUN
recalled: Q.-What was the day of the
funeral
Any memory is not exactly clear up
on that.
Q.-Did you say to Thomas Sharp OH the
day before the funeral nj the McWha house:
81 want you to stand where | saw Eliza and
to see what you can see?''
Al don't remember.
Q-Dd he say then, NO won't are
you sure you saw herr" And did you say,
~ won't be sure; think | saw her.
Al don't remember; it might have
been said.
On front of James Wright house did
YOU say, "Now that the Jury was sworn
you would bet that this jury would dis
agree
Al can't remember it, can't recol-
lttl llltl 1 tNtl OlltltN W utl tllN lLlllE w
anybody about the jury; when they were
surveying the grounds there Albert Lee
called me over and | told him where the
spot was saw Mrs. Baker; never pointed
out to anyone the exact spot.
A. &. LEE.
Ralston pointed out to Peterson and
myself the spot where he stood when he
said he saw Mrs. Baker; we measured the
distance of that point from the fence II
was thirty-iiye feet; when the jury was
down there kalstOn pointed out a place
much nearer the fence; when the Jury was
passing through the yard several persons
were standing there and We tried to see
whom we could recognize; We recognized
| five out of seventeen; the trees ObsCurcd
| the view and We could not see plainly
there is only small space of four or five
feet in which they could see persons dis
| tinctly; RalstOn said to me, know that
| the Jury were nearer the fence than | waS
when | saw Mrs. Baker.
The defense NOV ed tO strike ont so muCl
of \. G.. Lees testimony ~ referred Il
what they could see from the spot where
! RalstOn stood. The motion was granted
FRANK RALSTUN.
am Samuel Ralston's 5 cousin; had talk
with Baker after he was put in jail; | was
standing in the corridor OF the Jail at the
| time. The defense objected to the further
testimony of this witness and Van B. Ba.
ker was recalled to the stand have no
recollection OF ever stating to Frank Rails
| ton that Albert Lee did the murder and
should occupy the next cell.
RALsTUN
recalled-In our conversation Baker said
Albert Lee would occupy the cell next tc
him, and his neck would 20 into that hal
ter instead of his; that they came very neal
arresting him last week but concluded they
would put it of a few days.
BAKER
recalled l do remember of speaking Ia
| RalSton about the gallOws that had been
erected down nj the Cove; we were talking
about a conspiracy case that could be
| brought against Albert Lee and his neck
ought to be in the halter instead of mine;
| don't recollect OF saying anything about
cell. Baker said that Lee would he
cheated and his neck would be in the hal
ter; he never said anything to me about a
conspiracy or any interest that Albert Lee
had manifested in the case.
ROBERT MASON:
| live on Squire Lees place; know Sam
RalstOn. saw him guarding the Me-
! Wha house the Tuesday after the murder.
| had a conversation with RalstOn and
Al. H., t.., Ia
affair. lie said: 81 will do anything in
this world to clear Baker. ! am ac.
uuaintcd with Mike DOnnel; he is in Ohio
now. ! was working with him on Mon
dav, May 9Th. | left work about ten
minutes past five and went up the Steu.
benville road. | met keaggies little boy
coming down the road between keaggie'
and Browns store. 1t was raining Al
that time Mike Donley was still at work.
! proposed to get a party and lynch Baker,
and would like to do il yet, because |
think he did the murder. am native
of Virginia and came to West Virginia in
February. | never talked to RalstOr
about lynching Baker.
II. II. wILCOXsON.
| was working Monday May 9th il
company with DOnley and Mason in Mr.
Lees orchard; ! worked seven hours thai
afternoon, quitting very late; We hauled
the brush out of the orchard across the
county road over to the creek, averaging
about a trip an hour; in making the trip
passed and repassed the place where the
kcaggie hoy said he Was sitting when h,
saw Mrs. Baker; | would pass within
about feet Of the place, and never saw
him about there; there were two team
hauling, Sam Ralston's and my own
sometimes we went together, sometime
separate unhtched from my last loac
Just at dark it was completely dark wher
we got to the stable; do not remember q
seeing any boy on the fence that day;
first heard the story about the keaggl'
child being on the fence a day or so atte
the murder, this called my attention t.
that particular time.
.. &. LEE
recalled: Baker story that was intONlca
: ted when went t0 the jail, and that n
ordered me out and said I'd d-n you
will fx you. is lie from the beginning
, to the end. always talked with Inn
pleasantly, and he would ask me to com
La